BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 865 (Alejo) - State Energy Resources Conservation and Development Commission: contracts, grants, and loans: diversity. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: July 6, 2015 |Policy Vote: E., U., & C. 9 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Marie Liu | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 865 would require the California Energy Commission (CEC) to develop an outreach program to inform women, minorities, disabled veterans, and gay, lesbian, bisexual, and transgender (LGBT) businesses of CEC funding opportunities. This bill would also require CEC contractors, grantees, and loan awardees to report demographic information and to implement a diversity outreach plan for subcontractor opportunities. Fiscal Impact: Ongoing costs of $300,000 annually to the Energy Resources Program Account (General Fund) to the CEC for implementation of the outreach program. Background: Existing law directs various agencies to take actions to increase contracting with women, minority, disabled veteran, and LGBT businesses. For example the California Public Utilities AB 865 (Alejo) Page 1 of ? Commission (CPUC) established the Supplier Diversity Program under General Order 156 which encourages greater participation in utility contracts by women, minority, disabled veteran, and LGBT business enterprises. Under that program, regulated entities must report annually to the CPUC a detailed and verifiable plan, with goals and timetables, for increasing participation from women, minority, disabled veteran, and LGBT owned businesses in all categories of procurement. The CPUC is then required to report annually to the Legislature regarding the success of the program. On April 5, 2015, the CEC adopted a resolution to implement a policy to reflect the CEC's commitment to diversity outreach for all its programs. The resolution notes the unique ability of the CEC to promote diversity by providing opportunities for increased participation in CEC programs of small businesses and women, minority, disabled veteran, and LGBT owned businesses. Proposed Law: This bill would require the CEC to develop an outreach program to inform the most qualified loan and grant applicants and contractors about funding opportunities that includes women, minority, disabled veteran, and LGBT business enterprises. The program must have a process for tracking the diversity of contractors, loan recipients, and grant recipients. This bill would also require the CEC to develop guidelines that require the a party that receives a contract, grant, or loan from the CEC after July 1, 2017 that exceeds one million dollars, or a different threshold or criteria as determined appropriate by the CEC, to do the following: Report to the CEC on the demographic makeup of its management. Develop and implement a detailed outreach plan for increasing subcontractor opportunities for women, minority, disabled veteran, and LGBT business enterprises in California. Report to the CEC regarding its plan and its implementation outcomes. This report would be a public document and would be AB 865 (Alejo) Page 2 of ? required to be available on the CEC's website. The CEC would be required to develop these guidelines at a publically noticed meeting where the public would be able to provide comment. This bill would also require the CEC to consider establishing a Diversity Task Force to consider and make recommendations about diversity in the energy industry after the receipt of initial plans and reports from contractors and grantees. Staff Comments: To implement the program created in the bill, the CEC would need to first develop guidelines and establish new policies and procedures for all funding agreements. Then the CEC would need to work with award recipients to establish an outreach plan, perform additional outreach, and to track the diversity of award applicants. To accomplish these tasks, the CEC anticipates needing approximately two new staff positions at a cost of $300,000 annually. These costs would likely also cover the costs of implementing the Diversity Task Force if the CEC decides to do so convene the task force. -- END --